Establishing or disputing paternity in Belarus is one of the most sensitive and legally complex issues. An erroneous entry in a birth certificate, family conflicts, or doubts about biological kinship may require legal proceedings. According to the legal norms of the Republic of Belarus, paternity can only be disputed in court, and the process is regulated by clear norms of the Civil Code and the Code on Marriage and Family.
Conducting a genetic examination (DNA test) plays a special role in cases of contesting paternity. This helps to obtain objective evidence of biological kinship or its absence. However, one test is not enough—the court evaluates it in conjunction with other evidence and circumstances.
In this article, we will tell you in detail:
- Who and in what cases can be dispute paternity?
- How does the DNA test procedure work?
- How to Properly Prepare for a Trial with the Guidance of Legal Representation.
- What nuances should be taken into account to protect your interests?
What is a paternity dispute?
Contesting paternity is a legal procedure that invalidates the fact of paternity in relation to a specific child. In Belarus, the method for contesting paternity occurs exclusively in court, underscoring the importance of the legal system, and is regulated by legal norms.
Formally, paternity is recorded by an entry in the child’s birth certificate. If the person indicated as the father believes that he is not the child’s biological parent , or if other circumstances indicate that the birth certificate entry does not correspond to the actual state of affairs , it is permissible to challenge the entry of paternity in court. A successful disputing can lead to parental rights and responsibilities changes, including child support and custody arrangements.
When paternity is disputed
The procedure for disputing paternity may be required in the following cases:
- The man is registered as the child’s father, not his biological parent.
- A woman established paternity about a man who did not know about the child’s birth or was not its father.
- After reaching adulthood, the child wants to change information about his parents.
- In the case of artificial insemination, surrogacy is without proper documentation .
Peculiarities of the procedure for disputing paternity
Contesting paternity is only possible through the court, based on a statement of claim by the interested party.
The mere desire to cancel the fact of paternity is not enough – it is necessary to present evidence to the court that confirms the absence of a biological relationship.
The court carefully analyzes all the evidence, including medical documents, DNA test results, written materials, and witness statements.
Thus , challenging paternity is not just correcting an entry in documents but a complex legal process that requires proper justification and evidence. The emotional implications of such a process are significant, and we understand the need for empathy and understanding. If documents are not properly executed or there is insufficient evidence, the court may refuse to satisfy the claim . Therefore, we recommend you seek advice on disputing paternity from our experienced family lawyers.
Who has the right to dispute paternity in Belarus?
The right to dispute paternity in Belarus is granted to a certain circle of persons. This is because paternity disputes affect the interests of the child and must be considered, taking into account the principle of protecting the rights and legitimate interests of minors.
Who can file a lawsuit to dispute paternity?
By the requirements of legal norms on marriage and family , the right to dispute paternity is granted to:
1. A man registered as the child’s father
He can declare in court that he is not the biological father and demand that the record of paternity be declared invalid. The peculiarity is that if the man knew that he was not the child’s father at the time of the paternity record, then the court would not satisfy his demand to challenge paternity.
2. A man who demands to be recognized as the father of a child when another person is listed as the father on the child’s birth certificate.
3. The child himself
After reaching the age of majority (18 years), a child has the right to independently initiate the process of disputing paternity if he believes that the father is incorrectly indicated on his birth certificate.
4. Guardian or trustee of the child
If the child is a minor or has limited legal capacity, the claim may be filed by his legal representatives, such as a guardian, trustee, or guardianship and trusteeship authority .
The listed persons may challenge the paternity record within one year from when they learned of this record or of the circumstances that exclude the possibility of being the father of a particular child.
5. Prosecutor
May intervene in a case challenging paternity in defense of the interests of a minor or incapacitated person if there is reason to believe that the child’s rights are being violated.
Who has no right to dispute paternity?
The law limits the right of third parties to dispute paternity. For example:
- Relatives of a man or woman (grandmothers , grandfathers, brothers, sisters) do not have the independent right to file such a claim.
- Friends or acquaintances of the family also do not have the right to initiate the procedure of challenging paternity.
- The exception is cases where the third party is a guardian or trustee who acts in the interests of a minor child.
Features of the right to dispute
The right to dispute may be limited after the expiration of the statutory limitation period (one year from the moment the person learns of the paternity record).
Thus, disputing paternity is possible only on the initiative of persons expressly specified in the law and compliance with all established procedural requirements. To find out such requirements and understand your options when disputing paternity, we recommend contacting our experienced family lawyer.
The Role of DNA Testing in Disputing Paternity
In modern cases of paternity contestation, genetic testing (DNA testing) is the key evidence of biological kinship or its absence. In Belarus, its implementation is regulated by the rules of civil procedure and is widely used by courts when considering such disputes.
When is a DNA test prescribed?
The court has the right to order a genetic examination :
- At the request of one of the parties to the dispute (for example, the alleged father, mother, or child .
- On one’s initiative , if it is necessary to establish the presence or absence of a biological connection.
- The test is carried out in compliance with all procedural requirements: the parties are informed about the date, place, and procedure for conducting the examination and have the right to participate in the procedure.
Procedure for conducting a genetic examination
The procedure for conducting a DNA test can be presented as a sequential algorithm:
1. Filing a petition for the appointment of an expert examination.
As part of the legal proceedings, the interested party files a petition for a molecular genetic examination to establish paternity.
2. Appointment of an expert
The court determines the accredited institution ( most often a state forensic institution , for example, the State Committee for Forensic Examinations of the Republic of Belarus ) where the analysis will be carried out.
3. Sample collection procedure
Usually, saliva or buccal epithelium ( from the inside of the cheek ) is used, but blood is less often used. The procedure is safe, painless, and takes several minutes.
4. Obtaining a conclusion *
After DNA analysis, experts prepare a report for the court. It contains a conclusion on the probability of a biological relationship, usually with an accuracy of over 99.99%.
Legal force of DNA test
Genetic testing has a high evidentiary value, but:
- The court evaluates it in conjunction with other case materials (for example, the parties’ behavior and the presence or absence of family relationships).
- If one of the parties refuses to undergo a DNA test, the court may consider this an admission of a fact that must be proven.
Thus, refusal to conduct an examination often works against the evading party.
Who pays for the examination?
The applicant usually bears the costs of conducting a DNA test. However, depending on the final decision, the court has the right to distribute the legal costs between the parties.
The examination cost in Belarus varies , but it averages 400 to 700 rubles per analysis.
Can private DNA test results be used?
Tests conducted outside the framework of a forensic examination (for example, at the initiative of a party in a private laboratory) may be included in the case file by the court as written evidence. However, they do not have the same evidentiary force as an examination ordered by the court. Courts often order a repeat examination to eliminate doubts about the objectivity of the results.
The procedure for challenging paternity in court
In Belarus, paternity is contested only in court. You must prepare the appropriate documents, correctly file a claim, and present evidence to support your position. At each stage, you can receive support and assistance from our lawyer. This is what the step-by-step procedure for contesting paternity in court looks like:
Step 1. Filing a claim
The claim is filed with the district (city) court at the defendant’s or plaintiff’s place of residence.
There are special requirements for the statement of claim, which indicate:
- Full name of the court.
- Information about the plaintiff and the defendant (full name, residential address, contact information).
- Statement of the circumstances of the case when paternity was established, on what grounds did the plaintiff consider it invalid?
- References to legal norms.
- List evidence confirming the plaintiff’s position (including the possibility of conducting a DNA test ) .
- Specific claims (for example:”To declare invalid the paternity record No. … about the child …”).
Step 2. Collecting the necessary documents
The following must be attached to the claim:
- A copy of the child’s birth certificate.
- A copy of the plaintiff’s passport or other identification document.
- Documents confirming the registration of paternity (if any).
- Evidence on which the claims are based (correspondence, certificates, medical documents , expert opinions , photographs).
- Receipt of payment of state duty.
Amount of state duty: According to the Tax Code of the Republic of Belarus, the state duty is 3 basic units (126 rubles or approximately 37 euros).
Step 3. Submitting documents to the court
Documents (a statement of claim with appendices) are submitted to the court at the defendant’s place of residence. The court’s determination has options that can be discussed during a consultation with our lawyer.
Step 4. Consideration of the case in court
After acceptance of the statement of claim:
- The court notifies the parties of the time and place of the court hearing.
- The court considers all the evidence presented.
- If necessary, the court orders a genetic examination ( at the parties’ initiative or on its own).
- The parties may provide explanations, present additional materials, and request that witnesses be called.
The frame for consideration of the case
The time it takes to consider a case depends on the complexity of the dispute and the need for an examination. On average, the process takes :
Without examination – from 1 to 2 months.
With the appointment of a DNA test, it takes 2 to 6 months (taking into account the time for the analysis).
Step 5. Entry into force of the decision
After the decision is made:
- If it is not appealed, the decision comes into force after 15 days.
- When filing an appeal – after the appellate court has considered the case.
- The civil registry office makes the appropriate changes to the birth records based on the court decision that has entered into force.
Important
When considering a case, the court always considers the child’s best interests.
The mere absence of an emotional connection between a child and a father is not grounds for invalidating paternity.
Abuse of rights (for example, the desire to evade payment of alimony) when assessing the applicant’s good faith. If the person who disputes paternity pays alimony by the court’s decision, then the collection of alimony continues during the court’s consideration of the case on contesting paternity.
Potential Difficulties in Disputing Paternity
The process of disputing paternity in Belarus, despite the procedures provided by law, may be accompanied by specific difficulties:
1. Problems with evidence
To have a paternity record declared invalid, convincing evidence of the absence of a biological relationship must be presented to the court.
Sometimes:
- There are no biological samples available for DNA testing (for example, the father or child has died).
- One of the parties refuses to provide samples for examination.
- There are doubts about the reliability of previously obtained medical reports .
- Without proper evidence, the court will most likely deny the claim.
- Violation of the deadlines for filing an appeal
If the one year from when the person learned about the disputed paternity record has been missed, and there is no valid reason for the missed period, the court may refuse to satisfy the claim.
3. The interests of the child
Courts always consider the child’s interests when considering such cases. Even in the absence of biological kinship, if the child has perceived the man as his father for a long time, the court may refuse to satisfy the claim to protect the child’s psychological well-being.
4. Emotional and social consequences
The process of challenging paternity is not only a legal procedure but also a serious emotional burden for all participants: parents, children, and close relatives. Therefore, it is essential to weigh all possible consequences before the start of the trial.
Conclusion
The process of disputing paternity requires a thorough knowledge of the law, proper document preparation, and a strategic approach to the legal process. Mistakes at any stage can lead to the denial of the claim and significant time and money costs.
AMBYLEGAL offers legal support in matters of disputing paternity.
Our services include:
- Consultations on establishing and disputing paternity issues, considering all the nuances of Belarusian legislation.
- Assistance in collecting necessary evidence , preparing a statement of claim, and other procedural documents.
- Representation of clients’ interests in courts of all instances .
- Support is needed to appoint and conduct genetic examinations (DNA tests).
- Protection of the rights and legitimate interests of the child at all stages of the process.
Why choose us:
- Experience: The AMBY LEGAL team has many years of experience handling family disputes of varying complexity.
- Comprehensive approach: we consider both legal and psychological aspects of paternity disputes.
- Transparency: We explain in detail to our clients the possible outcomes of the case and support them at every stage.
If you need to dispute paternity or want to protect your rights and the interests of your child, contact AMBY LEGAL. We will guide you through the complex process confidently and professionally.
Contact us
If you have any questions related to disputing paternity in Belarus, we will be happy to help! Our long-term experience will help you at every registration stage, and we will represent your interests in courts and government agencies.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
